- 6 - The change in the Trust year would allow the contribution to be made in December of future years, thus providing a permanent deferral of the related tax liability. This change is necessary because the limit on the addition to a qualified asset account is tested at the Trust's year end. With the contribution in December, a full year's funding could be made, and therefore, the addition to asset account limits would be satisfied (at November 30), and the deduction would still fall within Square D's calendar year. * * * * * * * Conclusion The delay in the enactment of the more stringent funding requirements passed by the Tax Reform Act of 1984 has left open a window of opportunity that will be closed on January 1, 1986. By accruing or actually making a payment to the VEBA, Square D will be able to accelerate a deduction which would otherwise be taken in the following year. Continuing this funding pattern in future years will allow Square D in essence to receive a permanent deferral of tax on the amount. An internal memorandum dated December 17, 1985, from D.S. Free to D. E. Wilson and J. M. Vetta states: The Tax Department has proposed that the Trust adopt a fiscal taxable year ending November 30th in order to avoid the new limitation on pre-funding of the Trust. Because the limit on additions to the Trust's reserves is tested at the Trust's year end, the fiscal year would allow the Trust to meet the test as of November 30th, which means Square D could pre-fund its entire liability for the following year in December of the current year. Pre-funding of the Trust will allow Square D to accelerate the recognition, for tax purposes only, of $36,500,000 of 1986 expenses into 1985. Assuming the Company's contributions to the Trust do not decline in future years, we will have deferred payment of $18,250,000 of taxes permanently. If tax reform legislation produces a corporate tax decrease, this plan will also produce a permanent tax benefit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011